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UNITED STATES DAUGHTERS OF 1812 



HEARINGS 



HELD BEFORE THE 



COMMITTEE ON PATENTS 

HOUSE OF REPRESENTATIVES 

SIXTY-SIXTH CONGRESS 
SECOND SESSION 



ON 



H. R. 10104 



A BILL TO RENEW PATENT NUMBERED TWENTY-FIVE 
THOUSAND NINE HUNDRED AND NINE 



COMMITTEE ON PATENTS 

JOHN I. NOLAN, California, Chairman. 

FLORIAN LAMl'ERT, Wisconsin. GUY E..CAMPBELL, Pennsylvania. 

LOREN E. WHEELER, Illinois. JOHN B. JOHNSTON, New York. 

ALBERT II. VESTAL, Indiana. JOHN J. BABKA, Ohio. 

WILLIAM J. BURKE, Pennsylvania. EWIN L. DAVIS, Tennessee. 

ALBERT W-. JEFFERIS, Nebraska. JOHN McDUFFIE, Alabama. 

JOHN MacCRATE, New York. 

KING SWOPE, Kentucky. 

T. C. Glynn, Clerk. 



FEBRUARY 25, 1920 



$ 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1920 






20 tl 



I/NITED STATES DAUGHTERS OF 1812. 



Committee on Patents, 

House ok Representatives. 
Washington, I>. C. February 26, 1920. 
The committee me1 at 10.80 o'clock a. m., Hon. John I. Nolan 
(chairman ). presiding. 

The Chairman. The meeting this morning is called to consider 
H. R. 10104. introduced by Mr. Lonergan. This bill is to renew 
Patent No. 25909, renewing the design of a patent issued by the 
United Slates Patent Office under date of AugUSl 11. L896, to the 

United State- Daughters of 1812, their badge or insignia. 
The bill is as follow-: 

A BILL To renew patent numbered twenty-live thousand nine hundred and nine. 

Be it enacted by the Senate ami House of Representatives of the United 
States of America in Congress assembled, That a certain design patent issued 
by the United States Talent Office of date August 11, 1896, being patent num- 
bered 25909, is hereby renewed and extended for a period of 14 years from 
and after the passage of this act, with all the rights and privileges per- 
taining to the same as of the original patent, being generally known as the 
badge of the United States Daughters of 1812. 

The Chairman. Mr. Lonergan, of Connecticut, who introduced 
the bill, and at whose request I arranged the hearing, is unable to 
be present, being at home on business, and has submitted the fol- 
lowing statement : 

Gentlemen of the Patents Committee, 1 think it proper that you should reporl 
favorable on H. It. loi<>4 id renew the patent numbered 25909 on the insignia 
of the National Society United States Daughters of 1812. 

The insignia of the society is of gold and blue enamel and represents a star 
resting upon an anchor. The center of the star has on it the inscription 
" U. S. D. 1812." I place in the record here a copy of the insignia. 

The objects of the National Society United states Daughters of 1812 are 
to preserve and increase knowledge of the history of the American people, by 
the preservation of documents and relics, the marking of historic spots, the 
recording of family histories and traditions, the celebrating of patriotic anni- 
versaries, and especially the emphasizing and teaching of heroic deeds in the 
civil, military, and naval life id" those who molded this Government of the 
United States and saved it from foes within and without, between the close 
of the American Revolution and the close of the War of isi2. In general, 
its one purpose is the promotion of patriotism. 

As to qualification for membership, any white woman over 18 years of age, 
of good character, who offers satisfactory proof thai she is a lineal descendant 
of an ancestor who rendered civil, military, or naval service to this country 
during the years 1784-1815, Inclusive, is eligible to membership, provided the 
applicant be acceptable to the society. Civil service must have been in some 
one of the following capacities: 

A member of the Continental or United States Congresses. 

A member of the legislature of one of the firsl is States. 

A delegate to the convention which framed the Constitution of the United 
States. 

A member of a state convention which ratified said Constitution. 

166989—20 3 



4 [JETTED STATES DAUGHTERS OF L812. 

An elector of one of the first four Presidents of the United States. 

A legislative, executive or judicial officer of 1 1 1* - United States (not State) 
Government, including such appointive national (•Hirers as treaty commis- 
sioners, etc. 

Military or naval service may have been in any one of the following insur- 
recl ions or wars : 

Wyoming Valley, Pennsylvania, IV s ! 1787. 

Shay's Rebellion, Massachusetts, 1786 L787. 

Wars with the Indians, 17^4 1815. 

Whiskey insurrection, Pennsylvania, 1794. 

War with Prance (undeclared), 1798 1800. 

Sabine Expedition, Louisiana, 1806. 

Attack of British warship i. in/, an! upon United states frigate Chesapeake, 
1807. 

Embargo troubles, Lake Champlain, 1808. 

Engagement between United states frigate President and British ship Little 
Belt, 1811. 

Expedition against Lafitte Pirates, 1814. 

War witli the Barbary Powers, 1801-1805 and 181i. 

War with Greai Britain, 1812 1815. Service in the Army or Navy, either as 
officer nr as private, or the giving of notable aid in the Army or Navy. 

The officers of th 'ganization are as follows: 

Honorary presidents national, .Mrs. William Gerry Slade, New York: Mrs. 
Robert Hall Wiles, Illinois. 

President, Mrs. Clarence 1". R. Jenne, 17 May Street, Hartford, Conn. 

First vice president, Mrs. Samuel Preston Davis, 523 Easl Capitol Avenue, 
Little Rock, Ark. 

Second vice president, Mrs. w. Samuel Goodwyn, Emporia, Ya. 

Third vice president, Mrs. Noble Newport Potts, 1002 Twenty-second Streel 
NW, Washington, D. < '. 

Fourth vice president, Mrs. Henry James Carr, 919 Vine Street. Scranton, Pa. 

Recording secretarv, Mrs. Charles u. Banks, 1308 Watchung Avenue, Plain- 
field, x. .i. 

Corresponding secretary, Mrs. Charles i\ Messinger, 82 Whalley Avenue, New 
] lavon, < 'nun. 

asurer, Mrs. Alvin Valentine Lane, 2505 Maple Avenue, Dallas, Tex, 

Registrar, Mrs. James II. Stansfield, -_'_;* > South Scoville Avenue, I »ak Park. 111. 

Ilist.n-ian. Mrs. Arthur s. [sham, 308 Pearl Streoi. Burlington, Vt. 

Curator, Mis. George 1". Walker, 6 Granl Street. Portland, Me. 

Librarian, Mrs. William V. Jobes, 730 Wei. Her street. Portland, Oreg. 

Auditor, Mrs. Theodore Shelton, 4467 Lindell Boulevard, St. Louis, Mo. 

Chairman charter trustees. Mrs. William Gerry Slade, 332 West Eighty- 
seventh Sleet. New York City. 

Special secretary and chairman of supplies, Mr- Albion B. Wilson, 208 Ken- 
yon St reel. 1 [artford, < !onn. 

At this time, gentlemen, when every effort to stimulate patriotism should he 

assisted. I consider ii an honor and privilege to appear tor the l>i!l and to ask 
for the extension of the patent. 

The Chairman. Mr-. Noble Newport Potts, who is a resident of 
Washington, is here in behalf of the hill. The committee will be 
glad t<> hear anything von have to say, Mrs. Potts, in favor of tin* 
passage of this bill, which would grant a continuation <>! the patent 
to your associat i<>n. 

STATEMENT OF MRS. NOBLE NEWPORT POTTS. 1002 TWENTY- 
SEVENTH STREET NW.. WASHINGTON. D. C. 

Mrs. Potts. Mr. Chairman, I would be glad to give any informa- 
tion along : i r i \ line that the committee would like to know. It seems 

t e that we having worked for L9 years we should be worthy to 

wear this insignia. It was on the 25th of February, L901, that this 
patent was approved. I think it is quite a coincidence that it should 
come up to be renewed on the anniversary of that date. 



UNITE!) STATUS HAl'C I ITKIIS OF 1812. 

I am not instructed in any way from our president, but my rec 
ollection is that several years ago the patent expired, and Caldwell. 
to whom it is granted, turned it over to the organization so that it 
would have full rights. Before that time I believe we had gone to 
him to have all of these badges made there. 

I feel that it is a representative period that we should commem- 
orate, and unless the committee can sec some reason why we should 
not renew it. I l'eel that our work has stood for enough patriotic 
endeavor and works that we have accomplished to justify it- being 
renewed, and T hope that it will he so considered. 

Would you like to ask any questions that I can answer? 

The Chairman. Do the members of the committee desire to ask 
Mrs. Potts any questions? 

STATEMENT OF MR. ROBERT F. WHITEHEAD, ASSISTANT COM- 
MISSIONER OF PATENTS. 

The Chairman. Mr. Whitehead, the Assistant Commissioner of 
Patents, is here. I submitted a copy of this hill to the Patent Office. 
Did it come to your notice '. 

Mr. Whitehead. No, sir. 

The Chairman. Do vou know any of the history of the extens 
of patents for patriotic purposes? 

Mr. Whitehead. So far as 1 know. Mr. Nolan, there has never 
been any patent extended since 1887. That is my information. 
T do not know why, or for what reason, but as you know the office 
has nothing to do with it. The extensions are not in the hand- of 
the commissioners. So far as my understanding is concerned, the 
last extension made by Congress was in 1887. and I do not know of 
any that have been extended since, then. 

The Chairman. We were asked to give some protection in a gen- 
era] way to the Red Cross, and we are asked at different times to 
give extensions of patent rights to patriotic societies. I submitted 
a hill to find out what precedents there were for his legislation. 

Mr. Whitehead. So far as I know, there has not been any. I 
looked it up for Mr. Newton some little time ago in connection with 
this or some other hill, and I think he wrote you a letter stati 
that patents had not been extended. 

The Chairman. 1 had particular reference to design patent- on 
ha dire.-. 

Mr. Whitehead. I know. So far as my knowledge is concerned, 
there have not been any. 

The Chairman. You have that hill down there. At least it ought 
to he there. 1 requested that we receive that information from you. 

Mr. Babka. How does the expiration of this patent affect the real 
purpose and work of your organization? 

All-. Potts. If we are not protected any other organization might 

come up. 

Mr. Babka. They could not use this! 1 

Mrs. Potts. They could if it was not protected. In evidence of 
that this District organization, of which 1 am a member, has been 
giving for several years a gold medal to he debated for by the 
graduating classes of all the high school-, on different topic- in the 



G UNITE] STATES DAUGHTERS OF 1812. 

War of 1812. We are Dot allowed even to put on that medal, to 
introduce the insignia, because it is an en roachment on the badge 
itself. We can use an indication of the star or an hor, but aever 
the reproducl ion. 

In another organization to which I belong, a colonial society, 
we haw had a greal deal of trouble, because some women who could 
Dot gei into this organization — did not have the Lineage — organized 
.-. society whereby if yon had the lineage you paid a small sum, 
and a larger sum if you had not the lineage, and joined, and they 
operated under the -ana- title, and the badge was rery much like it. 
SO near like it that you could not tell it unless you examined it 
closely, and it caused a great deal of trouble, because many paid 
money into that organization and thought they were paying it into 
the original one. That has not happened to us, hut I am afraid it 
might if we are not protected. 

The Chairman. Mrs. Potts, how many have you in your society? 

Mrs. Potts. I think about 3,000. 

The Chairman. Are you organized pretty generally over the 
country or only in certain sections? 

.Mrs. Potts. Pretty well all over the country. It is of uecessity 
not a large society, because there are few- generations. 

The Chairman. I appreciate that fact, but I was wondering 
whether your membership was confined to the sections of the coun- 
try where the old members had located and anchored. 

Mrs. Potts. No, sir; we have some of our most flourishing organiza- 
tions in the State- which were not in the Union at the time. 

The Chairman. I see. 

Mrs. Potts. There were hut I s Stale- at that time. 

The Chairman. There are about 3,000 members in your society ! 

Mr-. Potts. There may he more, hut that was so at the la-t conven- 
tion la-t May. 

The Chairman. Do you remember whether Mr. Matin introdt 
this hill or not \ 

Mr-. PoTTS. I think he did. 

The Chairman. Do you recall how Long ago that was? 

Mrs. Poii-. It i- probably about three or four years ago. 

The Chairm w. AJong in L917? 

Mr-. Poii-. Well, about then, because our national president w-.v^ 
then in Chicago, and we change the president every four years and 
-he got Mr. Mann to take it up in some way. No was not that hill 

lor i he Smithsonian that he tried to get through i 

The ( ii \ii:m \ \. This is a report of a hill, it doe- not give the name 
of the author, it was reported in L917. 

I- there anything else that you would like to say, Mr-. Potts? 
Mrs. Potts. I'nle-- I could saj something that would further the 

patent. 

The Chairman. I mean in relation to it. anything yon would like 
to say we would he glad to hear. 

Mr-. Potts. No. sir; onlj that the headquarters of the society is 

where the president lives, and at the time that Ml'. Mann took it up 

our president was a resident of Chicago. X"W the president is a 
different lady and i- from Connecticut. Therefore, the headquarters 
are in I fart ford. 



r\)TK!) STATES DAUGHTERS OF l s 12. 7 

The Chairman. If there are bo further questions, I wish to thank 
you on behalf of the committee and we will give this careful con- 
sideration and gel a word from the Patent Office on it. 

Mrs. Potts. Thank you very much. 

Mr. Whitehead. I do not think there is anything we can tell you 
except the date of expiration and as to what has been done before. 

The Chairman. Yon might as well give us that as a matter of 
record. 

Mr. Whitehead. I assume there is a copy of the bill down there 
and T will make a report on it. 

The Chairman. This bill was reported out favorably in 1 ( .»17 by 
the Patent Committee. Mr. Morrison submitted it at that time, in 
the Sixty-fourth Congress. I think we ought to have a little further 
information on precedents. 

Mr. Davis. Is this an organization that corresponds to the 
Daughters of the American Revolution with respect to the Revolu- 
tionary War! 1 

The Chairman. Practically: ves. It cives a recital here in this 
letter. 

Mr. Davis. In other words this bears the same relation to the 
War of 18 12 that the Daughters of the American Revolution do to 
the Revolution. 

The Chairman. This letter of Mr. Lonergan's explains that. It 
is along the same lines as the Daughters of the American Revolution. 

Mr. Vkstal. Unless there is some reason given by the Patent Of- 
fice why this patent ought not to be extended. I can not see any 
objection to extending it. 

The Chairman. Will you give us a report on that. Mr. White- 
head '. 

Mr. Whitehead. Yes: when I see what has been done. 

The Chairman. See if it would establish a dangerous precedent. 
This is a patriotic organization. It is different from some kinds 
that can be utilized for profit. 

Mr. Davis. Can you tell whether there is any competitive or con- 
flicting organization \ 

Mr. Whitehead. I do not see how there could be. They want t,, 
control the manufacture of the badges. They want to see tin 1 manu- 
facture given to certain manufacturers. 1 do not know what else 
they want, or what ether protection a patent can give them. 

The Chairman. They say that if they are not given this protec- 
tion, who is to stop other people from wearing it? 

Mi-. Whitehead. They can only stop people from manufacturing 
and selling it. You can hardly get after a man that is wearing one. 

Mr. Davis. If they could control the -ale of it they could pretty 
well control the use of it. 

Mr. Whitehead. Pretty well that way. Possibly I could find 
out how many of those design patents there are. They are probably 
classified under badges, and I do not know whether the patent 
would show whether it was intended as a patriotic badge or not. 
I could probably give you the information a- to how many existing 
badges there are and how many expired patent- on badges there are. 

The Chairman. I see no objection to reporting it. providing there 
is no objection from the Patent Office. 



8 UNITED STATES DAUGHTERS OF 1812. 

Mr. Davis. I do aot see any objection. 

Mr. Whitehead. The bills for the extension of patents, a great 
many, are brought every year, bills to extend certain patents. 

The Chairman. We have more now, I believe, than ever before. 
Since the war people in this country believe thai because they were 
deprived, as thej figure, or accounl of the essential industries, from 
operating and manufacturing things that they had patents to, that 
they ought to have extensions. We have more inquiries than ever 
before since I have been here, or since L903, and I have discouraged 
Members of Congress from introducing bills because it lias not been 
the practice of the Committee on Patents to give any consideration 
to the extension of patent- at all. It is a dangerous proposition. 
They get all that they are entitled to in the 17 year-* original pro- 
tection, and of course there is a bill before the committee now that I 
told people 1 would be glad to arrange hearings for, this machinery 
that they have had in the post office cor a good many years, and un- 
doubtedly the patentee- have not received any great remuneration, 
the post office being a natural monopoly. They seem to think that 
they can get some money from having big mail-order houses manu- 
facture them now. ami the like of that, but I can see where, if we 
stait on that proposition, there will he no end to it. 

Mr. Vestal. But T do not think this case i- in the same class. 

The Chairman. That is why I say this would not be considered 
from the same angle. I believe all of these patriotic organiza- 
tion- that have insignia of that kind ought to be entitled to what- 
ever protection we can give thorn if there is any little revenue, we 
ought to give it to them ami let them control the manufacture. 

Mr. Vestal. That would give the same protection as the Con- 
gressional Club. The women here have protection because no one 
can wear one of those badges except on the order of the president 
of the club senl to a certain manufacturer or manufacturers of that 
badge. That absolutely protects them from having the badge worn 
by :m\ one that i- not entitled to it. 

Mr. Whitehead. They may want to know that the jeweler will 
manufacture only on an order from them, whereas an irresponsible 
jeweler might ti ia mi fact lire it for anyone. They may want to he 
able to control it SO that only one jeweler will have tin 1 right to 
manufacture it. 

Mr. Vi-i \i. T think that i- the protection they would net. 

Mr. Whim in \n. That is the only protection T see. 

Mr. Vestal. Mr. Chairman, is that all? 

The (iimi.mw. No. Thert' is another matter here that T want to 
take up. Ts it the wish of this committee that this hill he reported 
if we find no objection on the part of the Patent Office? 

Mr. VESTAL. T will make the motion that the hill he reported if 

there i- no objection from the Patent Office. 
The Chairman. 1 would like to have that on the record. Tf there 

i- no Objection that will he the order. 

(Thereupon at 11 a. m. the committee proceeded to the considera- 
tion of other business.) 

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